Publicly showing a movie – whether in a school auditorium, a restaurant, a summer camp, or even a business break room – requires obtaining a public performance license. Failure to do so can result in significant fines and legal ramifications. This comprehensive guide explains how to navigate the licensing process and ensure you’re showing movies legally.
Why You Need a Public Performance License
What Constitutes a “Public Performance”?
The term “public performance” is broader than you might think. Under copyright law, it essentially means showing a film to anyone outside of a normal circle of family and friends. This includes:
- Showing a movie in a classroom, even if no admission is charged.
- Showing a movie in a waiting room, lobby, or lounge.
- Showing a movie at a company event, even if it’s private to employees.
- Showing a movie outdoors during a community event.
Unless you are viewing the film in your private home, with only family and close friends present, you likely need a public performance license. The intention isn’t always commercial gain; it’s about respecting the copyright holder’s rights. Purchasing a DVD or streaming a movie through a personal account does not grant you the right to publicly perform it. These purchases are for private, home use only.
Who Needs a License?
Virtually any organization or business that shows movies outside of private homes needs a public performance license. This includes, but is not limited to:
- Schools (K-12 and higher education)
- Libraries
- Hospitals
- Summer camps
- Businesses
- Restaurants and bars
- Community centers
- Prisons and detention centers
- Religious organizations
How to Acquire a Public Performance License
Understanding Your Options
There are two main ways to obtain a public performance license:
- Direct Licensing: Contacting the copyright holder (usually a movie studio) directly.
- Using a Licensing Agency: Utilizing a third-party agency that represents multiple studios.
Direct licensing is often impractical for organizations showing movies from various studios. Therefore, using a licensing agency is the most common and efficient approach.
Key Licensing Agencies
Several reputable agencies specialize in providing public performance licenses for movies. Some of the major players include:
- Criterion Pictures: Focuses primarily on educational institutions and libraries. Offers licenses for a wide range of films.
- Swank Motion Pictures: Caters to a diverse range of clients, including hotels, hospitals, and cruise ships. They have a comprehensive library of titles.
- Motion Picture Licensing Corporation (MPLC): One of the largest licensing agencies, offering an “Umbrella License” that covers films from numerous studios.
- Filmbankmedia: Primarily serves non-theatrical markets like schools, hospitals, and government institutions.
The Application Process
The specific application process varies slightly depending on the licensing agency, but generally involves the following steps:
- Research and Selection: Determine which licensing agency best suits your needs, considering the types of films you want to show and the nature of your organization.
- Application Submission: Complete the agency’s application form, providing details about your organization, the frequency of screenings, the size of your audience, and the types of films you intend to show.
- License Fee Calculation: The agency will calculate your license fee based on factors such as audience size, screening frequency, and the types of films shown.
- License Agreement: Review and sign the license agreement, which outlines the terms and conditions of the license.
- Payment: Pay the license fee according to the agency’s payment schedule.
Key Considerations During Application
- Accuracy: Ensure all information provided on the application is accurate.
- Film Titles: Be prepared to provide a list of the films you plan to show, or at least a general genre. Some licenses are blanket licenses covering a broad range of films, while others require specific title listings.
- Audience Size: Accurately estimate the size of your audience. Underestimating can lead to non-compliance and potential legal issues.
- Screening Frequency: Indicate the number of times you plan to show movies publicly each year.
Potential Pitfalls and How to Avoid Them
Common Misconceptions
- “It’s Educational, So It’s Exempt”: While there are exceptions for very specific educational uses, such as direct instruction within a curriculum, most public showings in educational settings require a license.
- “We’re Not Charging Admission”: Charging admission is not the sole determinant of whether a public performance license is needed. Showing a movie outside a private home, regardless of whether you charge admission, generally requires a license.
- “We Already Bought the DVD”: Purchasing a DVD or Blu-ray only grants you the right to view it privately. It does not authorize public performances.
Consequences of Non-Compliance
Showing movies publicly without a license is a violation of copyright law and can result in:
- Substantial Fines: Fines can range from hundreds to thousands of dollars per infringement.
- Legal Action: Copyright holders can pursue legal action against organizations that infringe on their rights.
- Reputational Damage: Being caught showing movies illegally can damage your organization’s reputation.
Frequently Asked Questions (FAQs)
FAQ 1: What is an Umbrella License?
An Umbrella License is a comprehensive agreement that covers a wide range of films from multiple studios represented by the licensing agency. It simplifies the licensing process by eliminating the need to obtain individual licenses for each film. MPLC is a well-known provider of Umbrella Licenses.
FAQ 2: How much does a public performance license cost?
The cost of a public performance license varies greatly depending on factors such as the size of your audience, the frequency of screenings, the type of organization, and the specific films you plan to show. Contact the licensing agency directly for a quote.
FAQ 3: Can I use my personal streaming service account (Netflix, Hulu, Amazon Prime) to show movies publicly?
No. Your personal streaming service accounts are for private, non-commercial use only. Public performances are strictly prohibited under their terms of service.
FAQ 4: What if I only plan to show a movie once? Do I still need a license?
Yes. Even a single public performance requires a license. There are options for one-time event licenses.
FAQ 5: Are there any exceptions to the public performance license requirement?
Yes, there are limited exceptions, primarily related to face-to-face teaching activities in non-profit educational institutions. However, these exceptions are narrowly defined and often do not apply to showings outside of a classroom setting. Consult with legal counsel if you believe you qualify for an exception.
FAQ 6: How long does it take to get a public performance license?
The processing time varies depending on the licensing agency and the complexity of your request. It’s best to apply well in advance of your planned screening date, allowing at least a few weeks for processing.
FAQ 7: What information do I need to provide when applying for a license?
Typically, you’ll need to provide information about your organization, the size of your audience, the frequency of screenings, and a list of the films you plan to show (or the type of films, for an Umbrella License).
FAQ 8: Can I get a license for a specific movie?
Yes. Most licensing agencies offer licenses for specific movies, as well as Umbrella Licenses that cover a broader range of titles.
FAQ 9: What is the difference between a performance license and a distribution license?
A performance license grants you the right to show a movie publicly. A distribution license grants you the right to copy and distribute the movie. These are two distinct types of licenses.
FAQ 10: What happens if I get caught showing a movie without a license?
You could face significant fines, legal action from the copyright holder, and reputational damage.
FAQ 11: Do I need a license to show a movie at a fundraising event?
Yes. Showing a movie at a fundraising event is considered a public performance and requires a license.
FAQ 12: Where can I find more information about copyright law and public performance licenses?
You can find more information on the websites of the U.S. Copyright Office (copyright.gov) and the various licensing agencies mentioned in this article. Consulting with an attorney specializing in copyright law is also recommended for complex situations.
By understanding the requirements and following the steps outlined in this guide, you can ensure that your organization complies with copyright law and avoids potential legal issues when showing movies publicly. Protecting intellectual property rights is crucial for fostering creativity and innovation in the film industry.